Terms and Conditions

Here you can take a look at the Terms of Use (and additional documents) that apply for our website – http://gardening-newmalden.co.uk. Whether you are a registered user or just a visitor, please spare a moment to read these terms of use before you begin using our website.

If you are to use our website, you indicate that you fully comprehend the listed terms of use and that you agree to follow them. In case you DO NOT agree with our terms of use, we kindly ask you to refrain from using our website.

1. Access To Our Site

1.1 Accessing our website is allowed on a temporary basis, and we hold the right to withdraw or amend the service we provide without any notice (see below). We are not liable if for any reason our website isn’t available at any time or for any period.

1.2 Occasionally, we may restrict the access to some pages of our website, or the entire website, to users registered with us.

1.3 If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security protocols, you must treat such information as confidential, and you must not offer it to a third party. We retain the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, in case you have failed to comply with any of our terms of use.

1.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who are to access our website through your internet connection and electronic device are aware of these terms, and that they agree with them.

2. Transactions through our site and our liability to you

2.1 We act as an introductory agent for providers of services and as such, we are authorised by said providers to enter into a contract with you on the service providers’ behalf. To this end, we take your booking enquiry, assign the booking to an available provider (Provider), and then confirm the details of your booking via email. We also send a link to the Services Terms and Conditions in the email.

2.2 A contract will come into existence between you and the Provider upon your consent to the Services Terms and Conditions and the terms set out in the email using the link provided in the email.

2.3 The two sides of the contract are you and the Provider. The responsibility for the provision of the services rests solely with the Provider. Please read the Services Terms and Conditions carefully as you will be legally bound once you have indicated your agree to them.

2.4 Your contract is with the Provider, however, we will remain your primary point of contact during the provision of the services by the Provider. All non-cash payments you make will be processed by us on behalf of the Provider.

2.5 While we use reasonable endeavours to vet and select a reliable Provider, it is solely the Provider’s responsibility to provide the services. You agree that we are not responsible in any manner or liable for the provision of the services.

2.6 We gladly accept your feedback on service providers. Should you experience problems of any kind with a certain service provider, please contact us immediately on 020 3404 2074.

3. Intellectual Property Rights

3.1 We own or are licensed to all intellectual property rights in our site, and its content. Those materials are subject to copyright laws and treaties around the world. All such rights are reserved.

3.2 You are allowed to print off one copy, and download excerpts, of any page(s) from our site to use for your personal reference. You may cite material posted on our site to members of your organisation.

3.3 Modifying the paper or digital copies of any printed or downloaded materials is prohibited. No illustrations, photographs, video or audio segments or any graphics can be used separately from any accompanying text.

3.4 You must always acknowledge our status (and that of any identified contributors) as the authors of material on our site.

3.5 You may use materials on our site for commercial purposes only after obtaining a licence to do so from us or our licensors. Any other use of materials on our website is prohibited.

3.6 Any content of our site which has been printed off, downloaded, or copied in breach of these terms of use will suspend your right to use our site. Any copies of the materials you have made must be returned or destroyed.

4. Reliance on information posted

4.1 Reliance should not be placed on commentary and other materials posted on our site. They are not intended to qualify as advice.

4.2 We are therefore exempt from liability and responsibility for any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

5. Our site changes regularly

5.1 We use reasonable endeavours to update our site regularly, and may modify the content at any time. Should the need arise, we may suspend or terminate indefinitely access to our site.

5.2 We aim to maintain the content on our website accurate, appropriate and up-to-date. We are under no obligation to update material on our website, which may be out of date at any given time.

6. Our liability for the material on the site

6.1 To the extent permitted by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our site or the use of or reliance upon any content included on our site.

6.2. To the extent permitted by law, we exclude liability for all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

6.3. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.4. We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.5. Nothing in these terms and conditions will limit or exclude any liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation. Nothing in these terms and conditions limits any liabilities in any way that is not permitted under applicable law or excludes any liabilities that may not be excluded under applicable law.

7. Information about you and your visits to our site

7.1 All information you provide is processed in compliance with our privacy policy.

7.2 By using our site, you agree to such processing and you acknowledged that all data, which you have provided is accurate.

8. Uploading material to our site

8.1 You can make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, provided that you comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

8.2 We will not consider any material you upload to our site confidential or proprietary. For any content, you automatically grant us a royalty-free, perpetual, irrevocable, license to use, reproduce, modify, publish, edit, translate, distribute, and display the content submission in any media or in any form, format, technology. In the event of a claim from a third party that any material you have posted or uploaded violates in any way their their intellectual property rights, or of their right to privacy, we have the right to disclose your identity to them.

8.3 We can not be held responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

8.4 We are not required to host, display, or distribute any content. We may refuse to accept or transmit content. We have the right to remove or delete content, which in our opinion does not comply with the content standards set out in these terms.

9. Viruses, malware, and other offences

9.1. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our site. You must not attempt to gain unauthorised access to any part of our site, the server on which our site is stored, or any other server, computer, or database connected to our site. You must not attack our site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.2. By breaching the provisions of 9.1. you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our site will cease immediately in the event of such a breach.

9.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

10. Linking to our site

10.1 You may link to our homepage provided that you do so in a fair and legal manner, and in no way suggesting any form of association, endorsement or approval on our part where none exists. You can not use any logos or trademarks displayed on our site without our express permission. You can not link to our site in a way which may damage our reputation or take unfair advantage of it.

10.2 You must not establish a link from any website that is not owned by you.

10.3 You can not frame our site on any other site, nor may you create a link to any part of our site other than the home page. Any linking permission can be withdrawn at our discretion without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.

10.4 If you wish to make any use of material on our site other than that set out above, please address your request to our email address.

11. Links from our site

11.1 Any links to other sites and resources provided by third parties which are displayed on our website are provided for your information only.

11.2 We have no control over the contents of those sites or resources. You can not hold us responsible for them or for any loss or damage that may arise from your use of them.

12. Jurisdiction and applicable law

12.1 Any claim or dispute arising from, or related to, a visit to our site will be be subject to English law and the non-exclusive jurisdiction of the English courts. We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

12.2 Any disputes concerning these terms and conditions, or any matters arising therefrom or associated therewith (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.

13. Variations

We may review these terms of use at any time by amending this page. You are therefore advised to check this page from time to time in order to take notice of the modifications because they are legally binding to you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

14. Concerns that May Arise

If you wish to express any concerns about material which appears on our site, please contact our email address.

Your Privacy

When you visit any web site, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences, your device or used to make the site work as you expect it to. The information does not usually identify you directly, but it can give you a more personalized web experience. You can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, you should know that blocking some types of cookies may impact your experience on the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work then.
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